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HomeMy WebLinkAbout2020 CON West Coast Arborists - Urban Forestry Maintenance Services - Tree Trimming Removal and Planting- 1ST aMENDMENTFIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 15th day of September, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on February 18, 2020 ("the Agreement"), for the term of November 1, 2019 through January 7, 2022, wherein the CONTRACTOR agreed to provide Urban Forestry Maintenance Services to assist the City's Park Maintenance staff with ongoing tree trimming needs and demands, for a not -to -exceed amount of $90,000, and an initial term of two years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, the CITY has expended the $90,000 not -to -exceed amount in the period of November 1, 2019 through June 30, 2020 based on the high demand of services; and, WHEREAS, the parties desire to amend the term of the agreement by increasing the length of the agreement to June 30, 2022 , corresponding with the end of the City's fiscal year and with the option to extend the term of agreement for up to 2 (two), City Fiscal one-year extensions; and, WHEREAS, the parties desire to amend the compensation not -to -exceed during the City Fiscal year of July 1 to June 30 the amount of $90,000 beginning with the fiscal year of July 1, 2020 based on the high demand and continuous need for specialized tree trimming, removal, and planting services, and this amended amount shall apply to any extension that is later executed. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The Agreement entered into on February 18, 2020, is amended to increase the length of the agreement January 7, 2022 to June 30, 2022, corresponding with the end of the City's fiscal year and with the option to extend the term of agreement for up to 2 (two), City Fiscal one-year extensions; and, 2. The compensation of this agreement is for an amount not not -to -exceed $90,000 during a city fiscal year beginning with the fiscal year of July 1, 2020 based on the high demand and continuous need for specialized tree trimming, removal, and planting services, and this amended amount shall apply to any extension that is later executed; and, 3. The City Manager is authorized to approve a one year extension of this Agreement, up to 2 (two) extensions for amount not to exceed $90,000 during a City Fiscal year. 4. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the February 18, 2020 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY WEST COAST ARBORISTS, INC., A CALIFORNIA CORPORATION (Signatures f two core rate officers required) By: By: Alejandra Sotelo-Solis, Mayor (Name)'/ APPROVED AS TO FORM: By. T.'— /�U`/�� By: . Morris -Jones Attorney Patrick Mahoney (Print) President (Title) (Print) Secretary (Title) RESOLUTION NO. 2020 - 172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1.) AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC., BY EXTENDING THE LENGTH OF THE AGREEMENT TO JUNE 30, 2022, 2.) INCREASING THE NOT -TO - EXCEED AMOUNT OF THE AGREEMENT TO $90,000 A FISCAL YEAR, AND 3.) DELEGATING THE CITY MANAGER AUTHORITY TO APPROVE ANY FUTURE EXTENSIONS OF THIS AGREEMENT, DUE TO THE DEMAND OF THE CONTINUOUS NEED FOR ASSISTANCE WITH SPECIALIZED TREE TRIMMING, REMOVAL, AND PLANTING SERVICES WHEREAS, on February 18, 2020, per City Council Resolution No. 2020-24, the City of National City entered into an Agreement with West Coast Arborists, Inc., to provide as -needed specialized tree trimming, removal, and planting services to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for specialized services; and WHEREAS, the original Agreement is for a not -to -exceed amount of $90,000, and for an initial term of two years, with the option to extend for up to two, one-year extensions; and WHEREAS, due to the high demand and continuous need to provide these specialized services to the community in a timely manner, City staff recommends adjusting the compensation from a total not -to Exceed amount of $90,000 through the end of the Agreement to $90,000 per Fiscal Year, including any future extensions of the Agreement and expending the agreement from January 7, 2022 to June 30, 2022 to coincide with the City's standard fiscal year; and WHEREAS, funding for the effort is dependent on future appropriations as part of department annual budget; and WHEREAS, City staff is recommending City Council approval of a First Amendment to the Agreement with West Coast Arborists, Inc., extending the length of the Agreement to correspond with the end of the City's fiscal year of June 30, 2022, increasing the not -to -exceed amount to $90,000 per fiscal year, and delegating City Manager the authority to approve any future extensions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with West Coast Arborists, Inc., by extending the length of the Agreement to June 30, 2022. BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the increase of the not -to -exceed amount of the agreement to $90,000 a fiscal year. 1 Alejand : ote o- —ohs, Mayor Resolution No. 2020 — 172 Page Two BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby delegates the City Manager the authority to approve any future extensions of this Agreement, with a not -to -exceed amount of $90,000 per fiscal year due to the demand of the continuous need for assistance with specialized tree trimming, removal, and planting services. PASSED and ADOPTED this 15th day of Septembe ATTEST: it Michel R. Dalla, f ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on September 15, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-172 of the City of National City, California, passed and adopted by the Council of said City on September 15, 2020. CI rk of the City of a By: Deputy City tional City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2020 AGENDA ITEM NO.: 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with West Coast Arborists, Inc., extending the length of the Agreement to June 30,2022, increasing the not -to -exceed amount of the agreement to $90,000 a fiscal year, and delegating the City Manager authority to approve any future extensions of this Agreement, due to the demand of the continuous need for assistance with specialized tree trimming, removal, and planting services. PREPARED BY: Tirza Gonzales, Management Analyst II DEPARTMENT: Engin i •& Public Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: G'�1 ( FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in account # 105-416-227-299-0000 (Parks Maintenance Contract Services) for FY 2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution executing a First Amendment to the Agreement with West Coast Arborists, Inc. BOARD / COMMISSION RECOMMENDATION: "—TACHMENTS: First Amendment to Agreement 2. Resolution Explanation: On February 18, 2020, per City Council Resolution No. 2020-24, the City of National City entered into an Agreement with West Coast Arborists, Inc., to provide as -needed specialized tree trimming, removal, and planting services to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for specialized services. The original Agreement is for a not -to -exceed amount of $90,000, and for an initial term of two years, with the option to extend for up to two, one-year extensions. Due to the high demand and continuous need to provide these specialized services to the community in a timely manner, staff desires to amend the duration of the Agreement from January 7, 2022 to June 30, 2022 to coincide with the City's standard fiscal year and to adjust the compensation from a total not -to -exceed amount of $90,000 through the life of the Agreement to $90,000 per fiscal year, including any future extensions of the Agreement. The funding for the effort is dependent on future appropriations as part of department annual budget. Staff is requesting City Council approval of a First Amendment to the Agreement with West Coast Arborists, Inc., extending the length of the Agreement to correspond with the end of the City's fiscal year of June 30, 2022, increasing the not -to -exceed amount to $90,000 per fiscal year, and delegating City Manager the authority to approve any future extensions of this Agreement. -1- FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 15th day of September, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on February 18, 2020 ("the Agreement"), for the term of November 1, 2019 through January 7, 2022, wherein the CONTRACTOR agreed to provide Urban Forestry Maintenance Services to assist the City's Park Maintenance staff with ongoing tree trimming needs and demands, for a not -to -exceed amount of $90,000, and an initial term of two years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, the CITY has expended the $90,000 not -to -exceed amount in the period of November 1, 2019 through June 30, 2020 based on the high demand of services; and, WHEREAS, the parties desire to amend the term of the agreement by increasing the length of the agreement to June 30, 2022 , corresponding with the end of the City's fiscal year and with the option to extend the term of agreement for up to 2 (two), City Fiscal one-year extensions; and, WHEREAS, the parties desire to amend the compensation not -to -exceed during the City Fiscal year of July 1 to June 30 the amount of $90,000 beginning with the fiscal year of July 1, 2020 based on the high demand and continuous need for specialized tree trimming, removal, and planting services, and this amended amount shall apply to any extension that is later executed. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The Agreement entered into on February 18, 2020, is amended to increase the length of the agreement January 7, 2022 to June 30, 2022, corresponding with the end of the City's fiscal year and with the option to extend the term of agreement for up to 2 (two), City Fiscal one-year extensions; and, 2. The compensation of this agreement is for an amount not not -to -exceed $90,000 during a city fiscal year beginning with the fiscal year of July 1, 2020 based on the high demand and continuous need for specialized tree trimming, removal, and planting services, and this amended amount shall apply to any extension that is later executed; and, 3. The City Manager is authorized to approve a one year extension of this Agreement, up to 2 (two) extensions for amount not to exceed $90,000 during a City Fiscal year. -2- 4. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the February 18, 2020 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: WEST COAST ARBORISTS, INC., A CALIFORNIA CORPORATION (Signatures of two corporate officers required) By: Alejandra Sotelo-Solis, Mayor (Name) 1 Patrick Mahoney (Print) APPROVED AS TO FORM: President (Title) By: By: Angil P. Morris -Jones Name) // City Attomey Richard Mahoney (Print) Secretary (Title) -3- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1.) AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC., BY EXTENDING THE LENGTH OF THE AGREEMENT TO JUNE 30, 2022, 2.) INCREASING THE NOT -TO - EXCEED AMOUNT OF THE AGREEMENT TO $90,000 A FISCAL YEAR, AND 3.) DELEGATING THE CITY MANAGER AUTHORITY TO APPROVE ANY FUTURE EXTENSIONS OF THIS AGREEMENT, DUE TO THE DEMAND OF THE CONTINUOUS NEED FOR ASSISTANCE WITH SPECIALIZED TREE TRIMMING, REMOVAL, AND PLANTING SERVICES WHEREAS, on February 18, 2020, per City Council Resolution No. 2020-24, the City of National City entered into an Agreement with West Coast Arborists, Inc., to provide as -needed specialized tree trimming, removal, and planting services to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for specialized services; and WHEREAS, the original Agreement is for a not -to -exceed amount of $90,000, and for an initial term of two years, with the option to extend for up to two, one-year extensions; and WHEREAS, due to the high demand and continuous need to provide these specialized services to the community in a timely manner, City staff recommends adjusting the compensation from a total not -to Exceed amount of $90,000 through the end of the Agreement to $90,000 per Fiscal Year, including any future extensions of the Agreement and expending the agreement from January 7, 2022 to June 30, 2022 to coincide with the City's standard fiscal year; and WHEREAS, funding for the effort is dependent on future appropriations as part of department annual budget; and WHEREAS, City staff is recommending City Council approval of a First Amendment to the Agreement with West Coast Arborists, Inc., extending the length of the Agreement to correspond with the end of the City's fiscal year of June 30, 2022, increasing the not -to -exceed amount to $90,000 per fiscal year, and delegating City Manager the authority to approve any future extensions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with West Coast Arborists, Inc., by extending the length of the Agreement to June 30, 2022. BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the increase of the not -to -exceed amount of the agreement to $90,000 a fiscal year. Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby delegates the City Manager the authority to approve any future extensions of this Agreement, with a not -to -exceed amount of $90,000 per fiscal year due to the demand of the continuous need for assistance with specialized tree trimming, removal, and planting services. PASSED and ADOPTED this 15th day of September, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney